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S4124 - Details

S4124 - Summary

Prohibits persons who were the subject of an order of protection protecting a decedent or who have been arrested or charged in the death of a decedent from controlling the disposition of the decedent's remains.

S4124 - Sponsor Memo

BILL NUMBER:S4124
TITLE OF BILL:
An act
to amend the public health law, in relation to the disposition of
remains
SUMMARY OF PROVISIONS:
Section 1- adds a new paragraph (e) to
subdivision 2 of Public Health Law section 4201 providing that a
person who is the subject of an Order of Protection protecting a
deceased person, or who has been charged with causing the death of
such deceased person, shall not be eligible to exercise control of
the disposition of the deceased's remains.
Section 2 - provides that this act shall take effect immediately.
PURPOSE AND JUSTIFICATION:
Recently, a woman in Western New York was
brutally murdered, being almost decapitated, and her husband was
charged in her murder. The husband refused to take any action for an
extended period of time to make appropriate funeral arrangements,
allowing the victim's body to remain in the county morgue. Because of
the provisions of Public Health Law 4201, the county refused to allow
other family members to act to lay this woman to rest. When the
husband did finally act, it was to dispose of her body in a way that

her family believes was intentionally disrespectful, in violation
of the woman's beliefs and a further act of hostility towards her.
Persons who have exhibited the type of extreme hostility toward a
decedent, as shown by an order of protection or criminal charges, are
not suitable persons to act in a respectful manner to plan final
funeral and burial arrangements.
EXISTING LAW:
Currently, Public health Law section 4201 sets forth the
priority of persons having the right to control the disposition of
remains, without any consideration as to whether the person nominally
entitled to exercise such right may have killed the deceased.
PRIOR LEGISLATIVE HISTORY:
2010 - S.6153 -- HEALTH
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect immediately.

S T A T E O F N E W Y O R K
________________________________________________________________________
4124
2011-2012 Regular Sessions
I N S E N A T E
March 21, 2011
___________
Introduced by Sens. RANZENHOFER, DeFRANCISCO, LARKIN, LAVALLE -- read
twice and ordered printed, and when printed to be committed to the
Committee on Health
AN ACT to amend the public health law, in relation to the disposition of
remains
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 2 of section 4201 of the public health law is
amended by adding a new paragraph (e) to read as follows:
(E) NO PERSON WHO: (1) AT THE TIME OF THE DECEDENT'S DEATH, WAS THE
SUBJECT OF AN ORDER OF PROTECTION PROTECTING THE DECEDENT; OR (2) HAS
BEEN ARRESTED OR CHARGED WITH ANY CRIME SET FORTH IN ARTICLE ONE HUNDRED
TWENTY-FIVE OF THE PENAL LAW AS A RESULT OF ANY ACTION CAUSALLY RELATED
TO THE DEATH OF THE DECEDENT SHALL BE DEEMED COMPETENT TO CONTROL THE
DISPOSITION OF A DECEDENT'S REMAINS.
S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02534-01-1

S4124A (ACTIVE) - Details

S4124A (ACTIVE) - Summary

Prohibits persons who were the subject of an order of protection protecting a decedent or who have been arrested or charged in the death of a decedent from controlling the disposition of the decedent's remains.

S4124A (ACTIVE) - Sponsor Memo

BILL NUMBER:S4124A
TITLE OF BILL:
An act
to amend the public health law, in relation to the disposition of
remains
SUMMARY OF PROVISIONS:
Section 1 - adds a new paragraph (e) to subdivision 2 of Public Health
Law section 4201 providing that a person who is the subject of an
Order of Protection protecting a deceased person, or who has been
charged with causing the death of such deceased person, shall not be
eligible to exercise control of the disposition of the deceased's
remains.
Section 2 - provides that this act shall take effect immediately.
PURPOSE AND JUSTIFICATION:
Recently, a woman in Western New York was
brutally murdered, being almost decapitated, and her husband was
charged in her murder. The husband refused to take any action for an
extended period of time to make appropriate funeral arrangements,
allowing the victim's body to remain in the county morgue. Because of
the provisions of Public Health Law 4201, the county refused to allow
other family members to act to lay this woman to rest. When the
husband did finally act, it was to dispose of her body in a way that

her family believes was intentionally disrespectful, in violation of
the woman's beliefs and a further act of hostility towards her.
Persons who have exhibited the type of extreme hostility toward a
decedent, as shown by an order of protection or criminal charges, are
not suitable persons to act in a respectful manner to plan final
funeral and burial arrangements.
EXISTING LAW:
Currently, Public Health Law section 4201 sets forth the
priority of persons having the right to control the disposition of
remains, without any consideration as to whether the person nominally
entitled to exercise such right may have killed the deceased.
PRIOR LEGISLATIVE HISTORY:
2010 - S.6153
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect thirty days after it shall
have become law.

S T A T E O F N E W Y O R K
________________________________________________________________________
4124--A
Cal. No. 163
2011-2012 Regular Sessions
I N S E N A T E
March 21, 2011
___________
Introduced by Sens. RANZENHOFER, CARLUCCI, DeFRANCISCO, LARKIN, LAVALLE
-- read twice and ordered printed, and when printed to be committed to
the Committee on Health -- recommitted to the Committee on Health in
accordance with Senate Rule 6, sec. 8 -- reported favorably from said
committee, ordered to first and second report, ordered to a third
reading, passed by Senate and delivered to the Assembly, recalled,
vote reconsidered, restored to third reading, amended and ordered
reprinted, retaining its place in the order of third reading
AN ACT to amend the public health law, in relation to the disposition of
remains
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 2 of section 4201 of the public health law is
amended by adding a new paragraph (e) to read as follows:
(E) NO PERSON WHO: (1) AT THE TIME OF THE DECEDENT'S DEATH, WAS THE
SUBJECT OF AN ORDER OF PROTECTION PROTECTING THE DECEDENT; OR (2) HAS
BEEN ARRESTED OR CHARGED WITH ANY CRIME SET FORTH IN ARTICLE ONE HUNDRED
TWENTY-FIVE OF THE PENAL LAW AS A RESULT OF ANY ACTION ALLEGEDLY CAUSAL-
LY RELATED TO THE DEATH OF THE DECEDENT SHALL HAVE THE RIGHT TO CONTROL
THE DISPOSITION OF THE REMAINS OF THE DECEDENT. HOWEVER, THE APPLICATION
OF THIS PARAGRAPH IN A PARTICULAR CASE MAY BE WAIVED OR MODIFIED IN THE
INTEREST OF JUSTICE BY ORDER OF (I) THE COURT THAT ISSUED THE ORDER OF
PROTECTION OR IN WHICH THE CRIMINAL ACTION AGAINST THE PERSON IS PEND-
ING, OR A SUPERIOR COURT IN WHICH AN ACTION OR PROCEEDING UNDER THE
DOMESTIC RELATIONS LAW OR THE FAMILY COURT ACT BETWEEN THE PERSON AND
THE DECEDENT WAS PENDING AT THE TIME OF THE DECEDENT'S DEATH, OR (II) IF
PROCEEDING IN THAT COURT WOULD CAUSE INAPPROPRIATE DELAY, A COURT IN A
SPECIAL PROCEEDING.
S 2. This act shall take effect on the thirtieth day after it shall
have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02534-03-2

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